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Rodriguez v. Bledsoe

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 15, 2010

RICHARD RODRIGUEZ, PETITIONER,
v.
B.A. BLEDSOE, RESPONDENT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 15th day of June, 2010, upon consideration of the report (Doc. 8) of the magistrate judge recommending that the petition (Doc. 1) for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, be dismissed because petitioner Richard Rodriguez ("Rodriguez") failed to adequately exhaust his administrative remedies, and because Rodriguez's request for relief is without merit, and, following an independent review of the record, it appearing that Rodriguez has not exhausted his administrative remedies, and that Rodriguez is not entitled to relief under the Second Chance Act, see Wires v. Bledsoe, No. 3:09cv2247, 2010 WL 427769, at *3-5 (M.D. Pa. Feb. 3, 2010) (finding compliance with Second Chance Act when inmate received individualized consideration consistent with five factors set forth in 18 U.S.C. § 3621); (Doc. 8 at 20-21), and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn1 and that there is no clear error on the face of the record,*fn2 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 8) is ADOPTED.

2. The petition (Doc. 1) for habeas corpus is DISMISSED.

3. A certificate of appealability is DENIED. See 28 U.S.C. § 2253(c).

4. The Clerk of Court is instructed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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